The proposed rules also modify the requirements for sump pumps in elevator pits, and allow the use of standard-sized equipment to meet a more realistic pumping requirement. [Comm 18.1702 (1)]
Comparison with federal regulations
There are several existing federal regulations that relate to the design, installation or construction, inspection and maintenance and repair of plumbing. Some of these regulations require compliance with the 2006 editions of the International Plumbing Code (IPC), a national model code developed by the International Code Council (ICC), and the Uniform Plumbing Code (UPC), a national model code developed by the International Association of Plumbing and Mechanical Officials.
An Internet-based search of the United States Code (USC) found the following existing federal rules that impact plumbing. The Wisconsin Uniform Plumbing Code reflects the requirements currently contained in these federal laws.
•
USC Title 24, Volume 5, Chapter XX, Part 3289, Subpart G – The Manufactured Home Construction and Safety Standards revises the plumbing materials, fixtures and equipment installed within or on manufactured homes as of April 1, 2009.
•
USC Title 40, Volume 22, Chapter I, Part 141 – The National Primary Drinking Water Regulations established primary drinking water regulations pursuant toe section 1412 of the Public Health Service Act, as amended by the Safe Drinking Water Act. Regulated by the Environment Protection Agency (EPA), the regulations were revised July 1, 2009, and are applicable to public water systems. Subpart I established monitoring requirements for lead and copper in tap water.
•
Assembly Bill No. 1953, Chapter
853 – The Lead Solder, Pipe and Flux Law expands Section 116875 of the Health and Safety Code as contained in USC Title 42, Chapter
6A, Subchapter XII, Part B, Section 300g-6 relating to lead plumbing to include any pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption. The law, which became effective January 1, 2010, passed both the Assembly and the Senate in 2006 and also revises the term “lead free."
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USC Title 42, Chapter
6A, Subchapter XII, Part F, Section 300j-24 – Lead contamination in school drinking water outlines the testing protocol for lead contamination in drinking water from coolers and other sources at educational agencies, private nonprofit elementary or secondary schools and day care centers. The law became effective in 1999. Currently, legislation is being proposed that would amend this section of the Safe Drinking Water Act.
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USC Title 33, Chapter
26, Subchapter IV, Section 1342 – National Pollutant Discharge Elimination System (NPDES) established Phase I of the storm water program in 1990. Nine years later, Phase II of the program was signed into law and requires smaller communities to develop and implement a comprehensive storm water management program.
An Internet-based search of the 2008 through 2010 issues of the Federal Register found a proposed rule relating to energy conservation standards for residential water heaters in the December 11, 2009, issue (Vol. 74, No. 237). The U.S. Department of Energy announced a public meeting to receive comments on its proposed amended energy conservation standards.
Comparison with rules in adjacent states
An Internet-based search of the four adjacent states found the following:
Illinois:
The Illinois Department of Public Health administers a state-written uniform plumbing code with exceptions for cities that existed prior to Illinois statehood.
Iowa:
The Iowa Department of Public Health administers the Iowa Uniform Plumbing Code that recently adopted the 2009 edition of the IPC with amendments.
Michigan:
The Michigan Department of Consumer and Industry Services, Bureau of Construction Codes developed the 2003 Michigan Plumbing Code that became effective December 31, 2003. Based on the IPC, the code includes state amendments, and is undergoing its third update and revision in 2010.
Minnesota:
The Minnesota Department of Labor and Industry, Building Codes and Standards Division administers the Minnesota Plumbing Code, a state written uniform code that was revised in 2009.
Summary of factual data and analytical methodologies
The methodology for the proposed revisions of the Wisconsin Uniform Plumbing Code, chapters Comm 81 to 84, which became effective March 1, 2009, includes a review and assessment by staff of code issues that require clarification.
In addition, the review and assessment process involved the participation of the Plumbing Advisory Code Council (PACC). The members of that Council represent the many stakeholders involved in the plumbing industry including designers, inspectors, labor and building contractors. (A listing of the Plumbing Advisory Code Council is provided at the end of this analysis.)
An assessment of the department's resources relating to the review of plumbing plans indicates that the department has the capacity to review more projects at this time. The department estimates that lowering of the threshold from 16 plumbing fixtures to 11 fixtures requiring plan review would result in an average annual revenue increase of $198,000.
The proposal to require continuing education for the renewal of a cross connection control tester license was developed by a special task force and approved by the PACC. Stakeholders from across the state served as members of the CCC task force.
The proposed revision relating to sump pump size in elevator pits comes from the Conveyance Safety Code Council and is endorsed by the PACC and the Wisconsin Chapter of the American Society of Sanitary Engineering. All three organizations concur that the current requirement is excessive, and recommend a more practical sump pump size to accommodate ground water seepage into elevator pits.
Analysis and supporting documents used to determine effect on small business
The department used the Plumbing Advisory Code Council (PACC) to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the codes. Many small businesses belong to the industry associations that sit on the advisory council. A responsibility of council members is to bring forth concerns that their respective organizations may have with the requirements including economic impact. (A list of the members serving on the PACC is provided at the end of this analysis.)
In addition to posting rule development and council activities on the department's web site, the department offers an Email subscription service that is available to all small businesses. This service provides Email notification of council meetings, meeting agendas and council meeting progress reports so small businesses can follow proposed code changes.
The proposed rules relating to plan review and thresholds would have a minimal direct impact on small business. Plan review fees for a plumbing plan project involving 11 to 16 plumbing fixtures will vary on several factors, including the type of fixtures involved and the size of the building drain and water service. The department estimates that a plan submitter of these types of projects may incur fees of $200 to $300.
The department believes the rules will not increase the effect on small businesses from what the current rules impose on them. An economic impact report is not required pursuant to s.
227.137, Stats.
Environmental Impact
The Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:
Department of Commerce
P.O. Box 2689
Madison, Wisconsin 53701
Telephone (608) 266-8741 or TTY (608) 264-8777
Written comments will be accepted until July 15, 2010
Small Business Impact
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed rules will affect any business involved with the ownership, design, construction and installation, inspection, repair and maintenance of plumbing.
Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no additional reporting, bookkeeping or other procedures required for compliance with the rules.
Types of professional skills necessary for compliance with the rules.
There are no additional professional skills necessary for compliance with the rules.
Rules have a significant economic impact on small businesses?
No.
Small business regulatory coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The proposed rules relating to plan review and thresholds would have a minimal direct impact on small business. Plan review fees for a plumbing plan project involving 11 to 15 plumbing fixtures will vary on several factors, including the type of fixtures involved and the size of the building drain and water service. The department estimates that a plan submitter of these types of projects may incur fees of $200 to $300.
An assessment of the department's resources relating to the review of plumbing plans indicates that the department has the capacity to review more projects at this time. The department estimates that lowering of the threshold from 16 plumbing fixtures to 11 fixtures requiring plan review would result in an average annual revenue increase of $198,000.
The department anticipates that the workload associated with the proposed code change can be managed with current information technology and within current staff levels. In addition, the proposed rule do not increase or decrease the administrative and enforcement aspects at the state and local level.
State fiscal effect
Increase existing revenues.
Local government fiscal effect
None.
Fund sources affected
PRO.
Affected Ch.
20 appropriations
N/A.
Private sector fiscal effect
No significant effect.
Long-range fiscal implications
None are anticipated.
Agency Contact Person
Lynita Docken, Program Manager
Phone: (608) 785-9349
Notice of Hearing
Financial Institutions — Securities
NOTICE IS HEREBY GIVEN That pursuant to ss.
551.406 (5),
551.412 (5),
551.605 (1),
553.31 (1),
553.58 (1) and
227.11 (2), Stats., the Department of Financial Institutions, Division of Securities will hold a public hearing to consider a rule revising Chapters
DFI-Sec 1,
2,
4,
5,
7,
8, and
32, relating to minor revisions to securities law and franchise law administrative code sections.
Hearing Information
Date: Monday, June 28, 2010
Time: 9:00 a.m.
Location: Department of Financial Institutions
345 W. Washington Ave., 5th Floor
Madison, WI
Copies of Proposed Rule and Submittal of Written Comments
To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, e-mail mark.schlei@ wisconsin.gov. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website,
www.wdfi.org. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.
Analysis Prepared by the Department of Financial Institutions, Division of Securities
Statute interpreted
Statutory authority
Related statute or rule
None.
Explanation of agency authority
